Fourteenth Amendment Commons^™

The State Action Doctrine In State And Federal Courts, Hala Ayoub

Florida State University Law Review

No abstract provided.

Back To The Laboratory With Peremptory Challenges: A Florida Response, James R. Jorgenson

Florida State University Law Review

No abstract provided.

The Parameters Of Constitutional Reconstruction: Slaughter-House, Cruikshank, And The Fourteenth Amendment, Robert C. Palmer

Faculty Publications

No abstract provided.

Desegregating The University Of Florida Law School: Virgil Hawkins V. The Florida Board Of Control, Darryl Paulson, Paul Hawkes

Florida State University Law Review

No abstract provided.

Diverting The Course Of Colorado River: A Reconciliation Of Seventh Circuit Adaptations, 17 J. Marshall L. Rev. 49 (1984), Michael W. Pinsof, Richard A. Wolfe

UIC Law Review

No abstract provided.

Illinois V. Gates: Probable Cause Redefined, 17 J. Marshall L. Rev. 335 (1984), James W. Reilley, Barry E. Witlin, Christine P. Curran

UIC Law Review

No abstract provided.

New Hearsay Exceptions For A Child's Statement Of Sexual Abuse, 18 J. Marshall L. Rev. 1 (1984), Glen Skoler

UIC Law Review

No abstract provided.

Ratification Of The Fourteenth Amendment In North Carolina, James E. Bond

Faculty Articles

The present article focuses on the ratification debate in North Carolina. That debate is instructive for several reasons. In the first place, the legislature considered the amendment on two separate occasions. In December 1866, the legislature overwhelmingly rejected it. Little more than eighteen months later, a new legislature overwhelmingly endorsed it. Second, North Carolinians fought several political battles between 1866 and 1868, and in those battles they often debated the meaning of the fourteenth amendment. Third, North Carolinians adopted a new constitution in 1868 and thereafter enacted reform legislation, much of which reflected their understanding of the concepts embodied in …

Substantive Due Process And The Scope Of Constitutional Torts, Michael L. Wells, Thomas A. Eaton

Scholarly Works

The thesis of this Article is that both the Supreme Court and its critics have failed to identify and confront the central issue presented by these due process constitutional tort cases. That issue is neither procedural fairness nor the choice between state and federal courts. It is deciding whether a government-inflicted injury to life, liberty, or property violates the substantive protections of the due process clauses and thereby warrants a constitutionally derived tort remedy. In Part II of this Article we examine the Supreme Court's decisions in this area, focusing primarily on Parratt v. Taylor. We demonstrate that neither Parratt …

Are Residential Quotas Constitutional?, Neal Devins

Faculty Publications

No abstract provided.

Due Process, Retroactivity, And The Multiemployer Pension Plan Amendments Act Of 1980: Congress' Arbitrary Means To A Legitimate End, Eric G. Menkes

Cardozo Law Review

No abstract provided.

The Constitutionality Of Section 9-504(3) Of The Uniform Commercial Code: A Question Of State Action And Procedural Due Process, Abe Rappaport

Cardozo Law Review

No abstract provided.

Race And The Decision To Detain A Suspect, Sheri Johnson

Cornell Law Faculty Publications

No abstract provided.

Hawaii Tax Held Invalid: Court Decides First Case Of The Term, Patricia D. White

Articles

Aloha Airlines, Inc.

v.

Director of Taxation, State of Hawaii (Docket No. 82-585)

Hawaiian Airlines, Inc.

v.

Director of Taxation, State of Hawaii (Docket No. 82-566)

Argued October 4. 1983. Decided November 1, 1983

Schall V. Martin, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Smith V. Robinson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Arkansas Juvenile Courts: Do Lay Judges Satisfy Due Process In Delinquency Cases, Paula J. Casey

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Due Process—Arkansas' Sunday Closing Law Is Declared Unconstitutionally Vague, Charles L. Kennon Iii

University of Arkansas at Little Rock Law Review

No abstract provided.

“Taking” A Constitutional Look At The State Bar Of Texas Proposal To Collect Interest On Attorney-Client Trust Accounts, Thomas E. Baker, Robert E. Wood Jr.

Faculty Publications

No abstract provided.

A Reassessment Of The Younger Doctrine In Light Of The Legislative History Of Reconstruction, Donald H. Zeigler

Articles & Chapters

Recently the Supreme Court extended the doctrine of Younger v. Harris to preclude federal court reform of state criminal and civil justice systems. In this article, Professor Zeigler argues that Younger and its progeny directly contravene the intent of the Reconstruction Congresses that adopted the fourteenth amendment and enacted numerous pieces of enforcement legislation. His research demonstrates that these Congresses intended the federal courts to be the primary enforcer of Reconstruction reform measures. Professor Ziegler concludes that the federal courts are neglecting their duty to enforce constitutional safeguards in state justice systems.

Liberty And Property In The Supreme Court: A Defense Of Roth And Perry, Peter N. Simon

Publications

No abstract provided.

Martinez V. Bynum, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Constitutional Constraints On The Admissibility Of Grand Jury Testimony: The Unavailable Witness, Confrontation, And Due Process, Barbara L. Strack

University of Michigan Journal of Law Reform

Defendants, however, have raised serious constitutional objections to the introduction of grand jury testimony when the witness is unavailable to testify at trial. These claims have focused on the confrontation clause of the sixth amendment and the due process clauses of the fifth and fourteenth amendments. Defendants have contended that the introduction of testimony from a grand jury proceeding which cannot be subjected to cross-examination fatally compromises the defendant's right to a fair trial. Lower courts are split over admitting grand jury testimony in these circumstances, and the Supreme Court has yet to rule on the issue. As a result, …

Challenging State Acts Of Authorization Under The Fourteenth Amendment: Suggested Answers To An Uncertain Quest, G. Sidney Buchanan

Washington Law Review

The holdings in Flagg Brothers and Jackson suggest the central question addressed in this article: To what extent are state acts of authorization immunized from judicial review on the merits? Using the fact situations in Flagg Brothers and Jackson as paradigms, the two types of challenges that can be made in a typical fact situation involving the state action issue are first described. These two models are then discussed in relation to Flagg Brothers, Jackson, and other Supreme Court decisions that implicate the state action issue. With that discussion as a predicate, this article next considers the procedural problems that …

Mandatory Retirement And The Constitution: Challenging The Factual Basis Underlying Legislative Classifications, Vernon Townes Grizzard

Florida State University Law Review

No abstract provided.

Involuntary Commitment: The Move Toward Dangerousness, 15 J. Marshall L. Rev. 83 (1982), Robert Weissbourd

UIC Law Review

No abstract provided.

Liberty Vs. Equality: Congressional Enforcement Power Under The Fourteenth Amendment, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen

Faculty Scholarship

During the early nineteenth century, the contract clause served as the fundamental source of federally protected rights against the state. Yet the Supreme Court gradually eased many of the restrictions on state power enforced in the contract clause cases while developing the doctrine of substantive due process after the Civil War. By the end of the nineteenth century, the due process clause had usurped the place of the contract clause as the centerpiece in litigation about individual rights. Most analyses of the history of federally protected rights against the state have emphasized the rise of substantive due process to the …

Strict Construction And Judicial Review Of Racial Discrimination Under The Equal Protection Clause: Meeting Raoul Berger On Interpretivist Grounds, Paul R. Dimond

Michigan Law Review

In the face of this common understanding of the vagueness of much of the constitutional text, Berger bears the burden of proving that the equal protection clause was intended to enumerate specific, narrow protections against racial discrimination. This Article examines several contemporary sources to determine whether he has accomplished that task. It proceeds in six parts. Part I analyzes the text of the fourteenth amendment and contemporaneous congressional views on judicial review. Contrary to Berger's construction, the equal protection clause is not limited by its terms to the privileges or immunities clause or to the specific rights enumerated in the …

Selective Incorporation Revisited, Jerold H. Israel

Articles

In June 1960 Justice Brennan's separate opinion in Ohio ex re. Eaton v. Price' set forth what came to be the doctrinal foundation of the Warren Court's criminal procedure revolution. Justice Brennan advocated adoption of what is now commonly described as the "selective incorporation" theory of the fourteenth amendment. That theory, simply put, holds that the fourteenth amendment's due process clause fully incorporates all of those guarantees of the Bill of Rights deemed to be fundamental and thereby makes those guarantees applicable to the states. During the decade that followed Ohio ex re. Eaton v. Price, the Court found incorporated …